|
L
<br />y
<br />Excerpts From Internal Remus Code
<br />Sec. 6321. Lien For Taxes.
<br />U any person liable to pay any to mill or r luaes to
<br />Pay, the Lime after demand. the amount (including any Imer-
<br />OL additional amount. s0aUOn to tax, or st.,ssabis penalty,
<br />roeaMr with any Cests the may aeenn In addition ebersta)
<br />WWI M A lien In firer of the UMW States upon all prop"
<br />and rights to properly. WMUW real or persona, belonging
<br />to Such Wean.
<br />Sec. 6322. Period Of Lien.
<br />Uefess anothor date Is specifically flxe, by S-' the lien
<br />fill Sold by Michael e321 shall arise at the lime the assessment
<br />Is = and shall cendnus until the liability for the amount so
<br />assumd (or A )udomsnt against me taxpayer arising out of
<br />such liability) is satisfied or becomes unenforceable by reason
<br />of lapis of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchasers, Holders Of Security In-
<br />tereets, Meehank's LNnom, And Judgment
<br />Lien Creditors. — The ben imposed by section &VI shall
<br />net be valid as against any pwchasa, holder of a security
<br />10"L mechanic's lanor, or judgment lien creditor untii notice
<br />thereof which mare the requirements of subsection (q has
<br />been filed by the Secretary.
<br />(n Place For Filing Notice; Form.—
<br />(1) Place For Filing - The notice referred to m sup
<br />section Ice) shall be filed
<br />(A) Under State laws
<br />(1) Real Property - In the case of real property in one
<br />office within the State !or the county, or other governmental
<br />subdivision). as designated by the laws or such State m
<br />whits the property subject to the lien is situated, and
<br />I Personal Property In the case of Coffers,
<br />Properly. whether tangible or !mang,Iah, in one office
<br />within the State (or the county, or other governments;
<br />subdivision), as designated by file !aws of such Stale
<br />In which the property f'i to the hen is situated,
<br />or
<br />i0) With Clerk Of District Court - In the office of me clerk or
<br />the United States district court for the iud alai d,shicf in -a ^ncn
<br />the property subject to hen!, situated . whenovef the Stare ray
<br />not by lawdes +gnated oneoffice *rich meets the;equ,,.- eo
<br />subparagraph fAi. a.
<br />(cl wnh Recorder Of Deeds Of !net o�sn.n Of Col, j e
<br />the office ar the Flax a of Deeds of the District rat Cm-71 a:a n
<br />Iha property subject in the hen ;5 S t,:atE9 _ . _
<br />Columbia.
<br />I-
<br />y Entered ale Occur"slnt
<br />� G ;antes �
<br />Ice Numefical - �- '
<br />Q i;ri .i i.....
<br />�.... r_,
<br />m
<br />rose '7JI, n 1, i1 3 t4
<br />>� 3
<br />(2) Shus 0f Property sutgkl To Lien - For purposes of
<br />paragraphs (1) and (4). property shall be deemed to be situated -
<br />(A) Feel Property - In iM case of real property, at Its
<br />physical location: or
<br />(B) Ponona Property - In this Call of personal property,
<br />whether tenable or hntangiaa. at the residence of the
<br />taxpayer at the time the notice of lien Is filed.
<br />For purposes of paragraph (2) (8), the feeldemle of a corporation
<br />or partnership Shell be d emed to be the place at which the
<br />Principal executive office of tha business Is located. and this
<br />residence of a taxpayer whave residence Is without the United
<br />States shall be d"mod to be in the District of Columbia.
<br />of Form - TM form Said content of the notlas
<br />referred to In subsection (a) shall be prescribed by the
<br />Secretary. Such notice shall be valid notwithstanding Any
<br />other provision of law regarding the form or content of a
<br />notice of lien.
<br />Note: See section 6323(b) for protection for
<br />certain interests even though notice of lien
<br />imposed by section 6321 is filed with respect
<br />to:
<br />t. Securities
<br />2. Motor vshlclea
<br />3. Personal property purchased at retail
<br />1 Personal property purchased in casual sale
<br />5. Personal property subjected to possessory hen
<br />6. Rea property tax and special assessment hens
<br />Residential property subject to a mechanic's
<br />on for certain repairs and improvements
<br />fi Anatomy's liens
<br />9 Certain insurance Contract,
<br />10 Pasebaok loans
<br />fg) Refilling Of Notice. — For purposes of this
<br />section -
<br />tt General Rule. — Unless nonce of hen ehled m
<br />the manner pros"" pad in paragraph i2) ditnng !tie required
<br />staling period, such noUee "flier snap ale treated as load on the
<br />Cars On wh,Ch it is Wed Lin accordance with Supsec600 (ill altar
<br />the e10,niron of such refmng period
<br />2 Place For Filing. — A en retied
<br />,,,:ry fps req., �retl %el„rap c¢-.od i;ia• L: e;'eLi�.: ury
<br />:1-
<br />�! hI such notice of lie, is retired in the athne .a wNCh the
<br />Prior notice of hen as filed. ano
<br />of in the case of real property the fact of net -hrif is
<br />entered and recorded ,n an ,r re the ii regi,aeo by
<br />losectlon I; lal. 3
<br />il
<br />'9- n any case -', wn,cn `A der_ rig :,.;'e or C. to lie date
<br />a rehhng of notice of pen carder s.ppa:ag =aph IA), the
<br />cn
<br />I
<br />Secretary received written Information (in the manner
<br />prescribed in regulations Issued by the Secretary)
<br />concerning a change In Me Ia rpsHrs residence, it a notice
<br />of such lien Is also filed b accordance with Subsection (1) In
<br />the State in which such rnidmce Is located.
<br />(3) Required Refiling Period. — In the case
<br />of any notice of flier, the farm "required rdling period" means
<br />(A) the one -yur period ending 30 dap after the expiration
<br />01 a years after the data of iM aausment of the tea, and
<br />(8) the one-year Wad ending with the expiration of a years
<br />after the close of IM preceding required nfiling period for
<br />such notice of Ben.
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Release Of Lien. — subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />[Sees a certificate of release of any lien Imposed with respect to
<br />any Internal revenue tax not later then 30 days after the day on
<br />which -
<br />(1) Liability Satisfied or Unenforceable - The Secretary
<br />finds that the liability for the amount assessed, together with all
<br />Interest in respect thereof. has Men fully satisfied or has
<br />become legally unenforceable; or
<br />(2) Bond Accepted -There is furnished to the Secretary and
<br />accepted by him a bond that is conditioned upon the payment of
<br />the amount assessed, together with all Interest in respect
<br />(hereof, within the time prescribed by law (Including any
<br />extension of such bmel, and that is in accordance with such
<br />requirements relating to terms. conditions, and farm of the bond
<br />and sureties thereon, as may be Specified by such regulations.
<br />Sec. 6103. Confidentiality and Dis-
<br />closure of Returns and Return In-
<br />formation.
<br />(k) Disclosure of Certain Returns and
<br />Return information For Tax Administration
<br />Purposes. —
<br />f2t PsUrs,,re c' am... :_ _ . _ can.,
<br />0utsidr deny �u..'jui l � ii�.. ... �.SCIP5e4 leg
<br />any person who fumshes sahsfacto'y writleh e:��dence that he
<br />has a r,ghl ,, Ise p'op,,I, :.its {e�7 in S.:C!' !�.r. or intends to
<br />obtain a r;grr r sucn properly
<br />M1
<br />
|